The Owners - Strata Plan No. 80436 v Sezone Pty Ltd and Daphne Street No 1 Pty Limited [2014] NSWSC 264

  1. By its summons filed on 12 December 2012, the plaintiff seeks damages from the first defendant, a builder, for breach of statutory warranties and common law duties in respect of the erection of a strata title development at Botany.
  1. The second defendant, the owner of the development site prior to its vesting in the plaintiff, has since been deregistered and no claim is pressed against it.
  1. The proceedings were originally commenced in the Consumer, Trader and Tenancy Tribunal (CTTT) but were subsequently transferred to this Court by orders made on or about 10 September 2012.
  1. On 15 March 2013, Justice Hammerschlag gave judgment for the plaintiff on liability with damages to be assessed. The assessment of damages is the subject of the current proceedings.
  1. The plaintiff provided an affidavit by Mr Peter Whitehead, a solicitor for the plaintiff, that stated the first defendant had been served with notice of the assessment of damages hearing today, as well as the evidence upon which the plaintiff relies...
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